NJ CHARGED WITH WRITING A BAD CHECK IN NEW JERSEY?
How to Avoid Conviction for a Bad Check in New Jersey
In New Jersey, issuing a bad check is considered unlawful, whether intentional or not. Writing a check without adequate funds in your account can lead you into trouble with the law. However, being arrested and charged with bad check offenses can have severe penalties, including felony charges and state prison time. If you find yourself in such a predicament, it’s advisable to seek legal representation from renowned attorneys who can defend you successfully.
Todd Spodeks Law Firm consists of experienced white-collar criminal defense lawyers with over 150 years of combined experience. Our team has established a track record of success in similar cases throughout New Jersey, including Somerset County, Hudson County, Burlington County, Camden County, Atlantic County and Bergen County. We’ll use our reputable skills to strategize in-built defense for your case by presenting the most favorable possible narrative at every available opportunity.
Your Rights When Facing Bad Check Charges
If you’re charged with bad check crimes in New Jersey, you have rights like any other defendant. It’s essential to remember your rights when facing these charges as they include:
– The right to remain silent
– The right to an attorney
– The right to face the witnesses against you
– The right to trial by jury on any felony charges.
At Todd Spodeks Law Firm, we advise clients never to speak unless with their lawyer present. Saying anything else afterward limits their credibility and makes their situation worse than before; this may worsen the verdict too.
Beating a Bad or Bounced Check Charge
If prosecutors charge you with bounced or bad checks in New Jersey’s law courts, seeking legal advice from experienced attorneys has its advantages. It is crucial that they identify suitable defenses and strategies before presenting them before honororables at trial. An important defense strategy includes proving lack of prior knowledge about the bounced status of the check or insufficient funds upon issuance. The accused could provide an array of reasons, such as confusion about receiving payment, or if there was a problem with direct deposit.
Post-Dated Checks and Prosecution Limitations
Although there can be criminal charges against post-dated checks, the integrity of the cheque writer remains unmolested if they notify the receiver upfront. A post-dated check indicates that funds are yet to exist from the date of issuance to cover for said amount in lockstep with the future dated check. Therefore, it’s not deceptive and limits the scope of prosecution.
Felony Penalties for Writing Bad Checks
New Jersey has a categorization system where bad checks amounts determine the kind of charges preferred against offenders. If the bad check amount is less than $200, it’s a disorderly persons offense (misdemeanor). For amounts between $200-$1,000; typically, it earns offenders fourth-degree charges as indictable felonies while ranges between $1,000-$75,000 earn third-degree charges under indictable felonies too. Anything above $75,000 attracts second-degree charges – this is considered New Jersey’s maximum severity attainable misdemeanor.
Penalties for Writing Bad Checks
The penalties upon conviction vary according to charge grade:
– Second-degree crimes attract 5-10 years in prison plus fines up to $150,000.
– Third-degree crimes attract up to five years in jail with possible fines of $15,000.
– Fourth-degree indictable felonies result in up to 18 months behind bars with fines worth up to $10,000.
– Disordered persons’ offenses that carry jail time up to six months along with a mere fine capped at $1,000
Bad Check Statute of Limitations
New Jersey laws have statutes limiting prosecution action based on when a crime happened or got discovered by law enforcement agencies. Disorderly persons offense has a limited six-month period within which the infringement must get reported. Still, for second, third, and fourth-degree charges, the limitation period is five years.
Get Quality Legal Representation Today
Getting slapped with bad check accusations or getting charged in court should prompt you to seek credible legal representation immediately. Our seasoned lawyers have practical experience and a track record of excellence in representing individuals charged with bounced or bad checks cases across New Jersey. They manifest quality skills passed down over 150 years, successfully defending clients in Somerset County, Hudson County, Burlington County, Camden County Atlantic County and Bergen County. Contact Todd Spodek’s Law Firm now for a free consultation; we’ll work diligently to ensure your rights are protected at all times possible.
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